Rubalcava
Rubalcava v. City Of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 LIONEL RUBALCAVA, Case No. 20-cv-04191-BLF (VKD)
Plaintiff,
ORDER RE MARCH 20, 2023
v. DISCOVERY DISPUTE RE
PLAINTIFF’S DEPOSITION
CITY OF SAN JOSE, et al., Re: Dkt. No. 174 Defendants.
13 Plaintiff Lionel Rubalcava and defendants City of San Jose, Joseph Perez, Topui Fonua, Steven Spillman, Rafael Nieves, and Ramon Avalos (collectively, “Defendants”) ask the Court to resolve their dispute concerning Defendants’ deposition of Mr. Rubalcava. Dkt. No. 174. The Court finds this matter suitable for resolution without oral argument. Civil L.R. 7-1(b). For the reasons explained below, the Court concludes that Defendants are entitled to take a further, limited deposition of Mr. Rubalcava. I. BACKGROUND In this action, Mr. Rubalcava asserts claims for violations of his federal constitutional rights and violations of state law arising from his wrongful conviction in 2003 for the…